Prop 36 – Post Conviction Drug Treatment – California Penal Code 1210
Orange County Drug Crimes Attorney
Prop 36 provides a drug treatment program with probation for qualified defendants convicted of nonviolent drug possession offenses.
You are not eligible for Prop 36 if:
- You were previously convicted of a serious or violent felony under Penal Code 667.5(c) or 1192.7, unless the prior conviction was more than 5 years before the current offense and during that 5-year period, you have remained from prison custody and did not commit certain specified crimes
- In the same proceeding, you are convicted of a separate misdemeanor unrelated to drugs or of any felony
- You refuse drug treatment as a condition of probation
- You have two separate convictions for nonviolent drug offenses and you participated in two separate courses of drug treatment and found by the court by clear and convincing evidence to be unamenable to any and all forms of drug treatment; OR
- You committed certain specified drug offenses in combination with the use of a firearm.
Upon completion, you may be able to petition the court for a dismissal of your conviction. It is important to have an experienced Southern California Drug Crimes Lawyer representing you to know what the specific requirements are needed for a dismissal. Each county can have different requirements for dismissals. If you get a dismissal, you do not have to disclose this information on your job application (with some exceptions).
If you were arrested for a drug crime, call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714) 248-DOAN (3626) today. I will aggressively defend you and help get your case dismissed. Visit www.OCLegalDefense.com for more information.